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Luluabourg Constitution

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The Luluabourg Constitution ( French : Constitution de Luluabourg ) was the second constitution of the Democratic Republic of the Congo . Functional from 1 August 1964 until November 1965, it was meant to replace the basic law ( Loi Fondamentale ) that had been provisionally enacted when independence was declared in 1960. Unlike its predecessor, the Luluabourg Constitution featured a strong executive presidency and carefully delineated federalism between the central government and the provinces. It also formalized the adoption of the name "Democratic Republic of the Congo", succeeding the name " Republic of the Congo ".

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45-621: It was decided at the Belgo-Congolese Round Table Conference of 1960 that the resolutions the participants adopted would serve as the basis for the Loi Fondamentale (Fundamental Law), a temporary draft constitution left for the Congo until a permanent one could be promulgated by a Congolese parliament within a few years of independence. The constitution stipulated a division of executive power between

90-553: A tyranny of the majority that would ignore the less densely populated heartland and rural states in favor of the mega-cities. The President of India is indirectly elected by the Indian Electoral College consisting of the elected members of the Parliament of India and the legislative assemblies of the states and union territories . The German Bundesversammlung has no other purpose than to elect

135-491: A presumably symbolic head of state and a head of government. As in a parliamentary system , executive power was to be exercised by a prime minister and a cabinet responsible to Parliament. If the cabinet lost the confidence of Parliament, a motion of censure would be passed and it would be dismissed. By comparison, the head of state (a president) was irresponsible to Parliament and only had the power to ratify treaties, promulgate laws, and nominate high-ranking officials (including

180-466: A two-round system since 1965 . Finland had an electoral college for the country's president from 1925 to 1988 , except 1944 (exception law), 1946 ( parliament ) and 1973 (extended term by exception law). The electoral college was replaced by direct elections (consisting of two-round voting ) in 1994 . In Spain , during the Second Republic period (1931–1936–39) the president

225-407: Is the only remaining electoral college in democracies where an executive president (i.e. a head of state who is also head of government) is indirectly elected via an electoral college. The other democracies that used an electoral college for these elections switched to direct elections in the 19th or 20th century. The electoral college is argued to be fundamental to American federalism, based on

270-539: The 1951 and 1954 elections. After the Revolución Libertadora the 1957 constitutional convention repealed the 1949 constitutional amendment and the electoral college was reestablished from the 1958 general election. The March 1973 and September 1973 general elections used a two-round direct election by popular vote system which was established by the outgoing military junta, which decreed in 1972 an illegal 'temporary constitutional reform' which

315-1173: The Catholic Church , the Holy See and the Vatican State , is elected by the Papal conclave consisting of all Cardinals . While the President of France is directly elected, the Senate is indirectly elected by collèges électoraux in the French regions. They consist of 150,000 delegates, known as the grands électeurs , who are mainly appointed by municipal councillors . The following examples are of electoral colleges used by democracies or dictatorships that were replaced by other mechanisms of election like direct elections during periods of democratisation . Before 1840, all presidents in Latin America were indirectly elected by legislatures or electoral colleges. Argentina had

360-636: The Christian Social Party , Belgium's largest political party at the time. Several factors contributed to this idea taking shape, including: The creation of a large scale Belgian-Congolese dialogue was also compatible with a speech from Belgian King Baudouin broadcast on January 13, 1959. Where he expressed the desire to "lead the Congolese populations, without harmful procrastination, but also without thoughtless haste, toward independence, in prosperity, and in peace." On January 3, 1960,

405-618: The Federal President of Germany . It is composed half by the members of the Bundestag and half by representatives delegated by the state parliaments . The President of Italy is elected by an electoral college which comprises both chambers of the Italian Parliament meeting in joint session , combined with 58 special electors appointed by the regional councils of the 20 regions of Italy . The Pope , head of

450-545: The Storting , before switching to direct elections. France had its president elected by the legislature from 1875 to 1954. The first presidential election of the Fifth Republic which elected Charles de Gaulle was the only presidential election where the winner was determined via an electoral college. The electoral college was replaced after the 1962 referendum , with direct elections by popular vote, using

495-552: The Belgian government announced it was convening a round table conference with the goal of helping the Congolese transition from colonial rule to independence. A number of traditional chiefs ( chefs coutumiers ) were invited to the Round Table Conference to reduce the proportion of key independence figures in the delegations. The following is a complete list of the Congolese delegates and their Belgian advisers to

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540-411: The Belgian government. It also required that the Congo should immediately be granted independence. De Schryver and the Belgian delegation were shocked by the joint statement, having underestimated the full extent of Congolese discontent and their willingness to cooperate across party lines. The Round Table Conference was opened on January 20 with a speech by Belgian Prime Minister Gaston Eyskens . At

585-427: The Congo before 18 October 1908. This rule could be circumvented if a person submitted a formal request to change their nationality within 12 months of the promulgation of the constitution. According to the constitution, the president "determines and directs the policy of the state" and "establishes the framework of government action, supervises its application, and informs Parliament of its development". The president

630-463: The Congo would prevent the delegates from taking advantage of Belgium's tenuous position. As a result, almost all of the delegations resolved to form a "Common Front" ( Front Commun ) to present their demands at the conference. That evening the Common Front released its first statement. It was demanded that the negotiations be more than consultative; all decisions reached should be made binding on

675-741: The Congolese Labour Party (PTC, French : Parti Travailliste Congolais ). It gathered support from the Bakongo Alliance  (ABAKO) and the Belgian Socialist Party  (PSB). The idea of a bilateral conference aimed at organising the independence of the Belgian colony was in turn adopted by the Minister of the Belgian Congo and Ruanda-Urundi , August de Schryver , who was also the leader of

720-484: The Congolese political class and chiefs ( French : chefs coutumiers ) and on the other side Belgian political and business leaders. The round table meetings led to the adoption of sixteen resolutions on the future of the Belgian Congo and its institutional reforms. With a broad consensus, the date for independence was set on June 30, 1960. The idea for a round table conference was first formulated in 1959 by

765-576: The Regional Councils were elected until 2009 by provincial electoral colleges composed with communal councillors of local governments in each province ; since 2013 the regional councillors are elected by popular vote. Uruguay had until 1918 one electoral college for every department , each one of them had 15 members and elected the senator that would represent that department in the upper chamber of parliament. Norway , from 1814-1905, used regional electoral colleges to elect legislators to

810-431: The central and provincial governments. The constitution formally changed the name of the country from " Republic of the Congo " to "Democratic Republic of the Congo" and adopted a new national flag. It organised the country as 21 provinces with Léopoldville, the capital, as its own federal district. Article 6 restricted Congolese nationality solely to persons whose ancestors were a part of an ethnic group that had lived in

855-412: The central government's duties and responsibilities were foreign affairs, national defence, domestic security, customs and currency, communications, major public works, higher education, national judiciary, and economic planning. In areas where the provincial and central governments took contradictory stances, the central government's positions took precedence. The division of authority, a compromise between

900-404: The cities. The electoral college was replaced with a two-round system direct election in 1989 , after the end of the military dictatorship and the establishment of a new constitution in 1988 leading to the restoration of democracy. Colombia used an electoral college which was eliminated in 1910. Paraguay had an electoral college that was established by the 1870 Constitution , which

945-691: The colonial justice for embezzlement of public funds of the PTT (Telegraph and Telephone Post) of the city of Stanleyville. Question 9 was formulated as follows:” Is it necessary to provide for a softening to the exclusion provisions at eligibility (amendment written by ABAKO-PSA-MNC-PP so as to enable Lumumba's eligibility?” The result was as follows: Out of the 11 political groups, six political groups voted "yes". They included Cartel (Abako; M. N.C.-Kalonji; P.S.A.; Parti du Peuple; F.G.C.et Abazi), Cerea, M. N.C.-Lumumba, Assoreco, Cartel Katangais (Balubakat-Fedeko-Atcar) et Union Congolaise. Four political groups voted against

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990-524: The conference attached to the Belgian Ministry of Foreign Affairs Important information regarding the Congolese delegation is the fact that Patrice Emery Lumumba was part of the original delegation. He was in prison. It’s Joseph Kasa-Vubu who put pressure on the Belgian government and demanded the release of Lumumba from prison so that he can join the original delegation in Belgium. Kasa-Vubu was

1035-455: The elimination of multiple provinces. A new constitution was promulgated on 24 June 1967. Belgo-Congolese Round Table Conference Congolese: The Belgo-Congolese Round Table Conference ( French : Table ronde belgo-congolaise ) was a meeting organized in two parts in 1960 in Brussels (January 20 – February 20 and April 26 – May 16 ) between on the one side representatives of

1080-446: The end of the conference, the following notable resolutions were adopted: Electoral college An electoral college is a body whose task is to elect a candidate to a particular office. It is mostly used in the political context for a constitutional body that appoints the head of state or government , and sometimes the upper parliamentary chamber , in a democracy . Its members, called electors , are either elected by

1125-490: The federalist and unitarianist politicians, was dubbed by Belgian lawyers as "quasi-federalism". A state commissioner would be appointed by the head of state with the consent of the Senate to represent the central government in each province. Their main duties were to "administer state services" and "assure coordination of provincial and central institutions." The Loi Fondamentale proved a complicated and cumbersome document for

1170-478: The first conference: Edouard Bayona, a Congolese attaché to the Belgian government, was appointed to attend the conference. Journalist and future Congolese dictator Joseph-Désiré Mobutu attended the conference as Patrice Lumumba's secretary. On the Belgian side, among others, the following people were present: Étienne Davignon , future vice-president of the European Commission, was also at

1215-458: The formation of a new "Constitutional Commission". The commission convened on 10 January 1964 in Luluabourg , with Marcel Lihau serving as its secretary. A draft was completed by 11 April, but its presentation to the public was delayed as Kasa-Vubu's government and the commission debated over which entity held the prerogative to make revisions. Kasa-Vubu eventually yielded and the constitution

1260-585: The longest lasting electoral college in South America, used to elect its president and vice president, and national senators starting with the 1853 Constitution and lasting mostly until the 1994 constitutional amendment . There were a few exceptions, due to political instability in the 20th century , in which non-lasting reforms removed or suspended the electoral college. For example, the 1949 peronist amendment promoted by President Juan Perón which replaced it with direct elections by popular vote used in

1305-500: The motion "no". They were P.N.P., Conakat, Alliance Rurale Progressiste (Kivu), and Délégation des chefs coutumiers. One political group, Union Congolaise, abstained. Representatives from Ruanda and Urundi attended in preparation for the independence of their respective territories. On the eve of the conference the Congolese delegations held a series of meetings. Concern was expressed by Congolese students in Brussels that disunity in

1350-487: The notion that it requires candidates for President to appeal to voters in all states, or a substantial portion of states, rather than only those with large population which might hold greater power in elections based on simple majority. Federalist No. 68 , probably written by Alexander Hamilton , argued in favor of the Electoral College by stating: Another argument states that the Electoral College prevents

1395-491: The only person who fought for the release of Lumumba. Hence, the say “Kasa-Vubu made Lumumba as one of the fathers of the Belgian Congo independence… through his released from prison and his subsequent participation in the Round Table” (Nzita Na Nzita). In short “Et Kasa-Vubu ressuscita l’homme politique Lumumba” (Nzita Na Nzita). This is one of the reason Lumumba backed Kasa-Vubu candidacy for the presidency even though Abako

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1440-581: The people for this purpose (making the whole process an indirect election ) or by certain subregional entities or social organizations. If a constituent body that is not only summoned for this particular task, like a parliament , elects or appoints certain officials, it is not referred to as "electoral college" (see e.g. parliamentary system ). Also, other appointing bodies (like committees appointing judges, as in Canada or Germany ) normally do not fall into this definition. The United States Electoral College

1485-460: The politically inexperienced Congolese. On 5 July 1960, five days after independence, the Congolese army mutinied , plunging the country into crisis . National political opinion quickly turned against the constitution, with some national figures, such as Joseph Iléo , attributing the national crisis to flawed institutional arrangements. On 27 November 1963, President Joseph Kasa-Vubu announced

1530-401: The president. The Luluabourg Constitution denied citizenship to most Rwandan immigrants in the Congo. Marcel Bisukiro , a former government minister, criticised it as discriminatory. Following a coup on 24 November 1965, Colonel Joseph Mobutu became president of the country and the constitution was suspended. Under Mobutu, moves were made to institutionally centralise the country, including

1575-471: The prime minister and the cabinet). In Belgium, parliamentary tradition had rendered these duties inconsequential in the face of the premier's influence. In the Congo, no such convention had been established. A parliament was to be composed of a lower chamber, the Chamber of Deputies , and an upper chamber, the Senate . The constitution delineated the authority of the central and provincial governments. Among

1620-536: The same from their respective provincial capitals. All presidential candidates had to be at least 40 years of age. The president was to be chosen by the candidate with a simple majority. If this was not achieved on the first two ballots, then the candidate with a plurality on the third would become president. The office of prime minister was retained, but its functions and responsibilities were largely reduced. The prime minister and all other cabinet ministers were to be named and revoked either individually or collectively by

1665-703: The similar function of electoral college except it had the power to amend the Constitution . The People's Republic of China in the mainland today elects both the President and the Premier by the National People's Congress every five years similar to the National Assembly. During South Korea 's dictatorships of the Fourth and Fifth Republics from 1972 until 1981 , the president

1710-458: Was appointed by all the members of the House of Assembly of South Africa and the Senate of South Africa . After the adoption of the 1983 Constitution , the new House of Assembly , House of Representatives , and House of Delegates would designate 50, 25, and 13 of their members to the electoral college respectively. The electoral college would disappear along with the apartheid government, with

1755-566: Was elected by an electoral college until democratization resulted in direct elections starting in 1987 . Additionally, during the Fourth Republic, one-third of members of the National Assembly were nominally elected by the same electoral college which elected the president, though in practice they were appointed by the president. In apartheid -era South Africa from 1961 to 1983, the state president of South Africa

1800-608: Was elected by an electoral college comprising the Parliament members and an equal number of democratically elected members ("compromisarios"). The Holy Roman Empire also had an electoral college to choose its ruler. The President of the Republic of China was elected by the National Assembly of the Republic of China from 1948 until 1996 when democratization resulted in direct elections. The National Assembly had

1845-428: Was submitted for ratification to the Congolese electorate at the end of June. The "Luluabourg Constitution", as it became known, was adopted with 80 percent approval. The Luluabourg Constitution was mostly a compensation for what its authors perceived to be the shortfalls of the Loi Fondamentale . Its principal features were a centralized and strengthened executive and a punctilious separation of responsibilities between

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1890-566: Was supposed to be later ratified by an elected constitutional convetion which never happened and therefore expired.The elections between 1983 and 1993 used again the electoral college. The constitution was then amended by a wide consensus for the last time in 1994 and the electoral college was finally replaced with a modified two-round direct elections by popular vote system in use since 1995 . Brazil 's military dictatorship chose its president by an electoral college starting in 1964 comprising senators, deputies, state deputies, and lawmakers in

1935-517: Was third in the May election (1960). The adage is simple “you scratch my back I’ll scratch yours in turn” which nowadays can be interpreted as a “win-win situation” for both of them Kasa-Vubu and Lumumba. In this respect, the Round Table organized a vote that consisted of fourteen questions. Question 9 dealt with Lumumba’s case since His criminal record was already tainted as he was already convicted by

1980-431: Was to be selected by an electoral college composed of members of Parliament, members from every provincial assembly, and several delegates from the capital with the number of them being determined by how much representation they would be accorded to in Parliament based on population. The capital delegates and parliamentary delegates would meet in the capital to cast their vote, while the provincial assembly electors would do

2025-450: Was used to elect its president. The constitution was replaced in 1940 and the electoral college was replaced with direct elections by popular vote since 1943. Chile had an electoral college established by the 1828 Constitution , which was used to elect its president in the elections from 1829 to 1920 . The constitution was amended in 1925 and the electoral college was replaced with direct elections by popular vote since 1925 . Also,

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